logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2014.09.19 2014고단2104
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of the C Co., Ltd. located in Yangsan-si, who employs 90 full-time workers and operates the automobile parts manufacturing business.

The Defendant was employed by the said workplace from February 10, 201 to July 28, 2013 in the amount of KRW 8,949,220, annual paid leave allowance of KRW 2,689,00, and the amount of KRW 2,689,000, which were employed again on August 12, 2013 of the same year, and worked until November 2, 2013 of the same year. However, the Defendant did not pay KRW 14,80,220 in total, including the amount of wages of KRW 2,965,00, monthly wage of KRW 197,00,000 for November 2013, and KRW 14,80,220 within 14 days from each date of retirement without agreement between the parties on the extension of the payment date.

2. We examine the judgment. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the victim D, as stated in the facts charged in this case, has withdrawn his wish to punish the defendant after the prosecution in this case. Thus, the prosecution in this case is dismissed pursuant to Article 327 subparag. 6 of the

arrow